Human Rights Law Notes

Human Rights Law


Lecture 1 (I.) - International and Regional Systems + the Universality Debate


AMERICAN DECLARATION OF INDEPENDENCE (BILL OF RIGHTS) - emphasis on right to life,
liberty and pursuit of happiness (US at time invaded land of indigenous peoples and engaged in
widespread acts of slavery)
FRENCH DECLARATION ON THE RIGHTS AND DUTIES OF MAN - emphasis on liberty,
property and security (France at time was one of the biggest colonising powers, excluded many groups of
people from exercising their civil rights, to protect the African country which has been colonized by the
French)



Important world events
Events with particular disregards towards HR; to prevent these atrocities we have HRL
o WW1 shattered the world order and triggered socialist movements across Europe
o Creation of League of Nations (one of the first tries to create a universal IO to promote int. peace)
o WW2 Holocaust most significant for development of IHRL
o Creation of UN and the adoption of the UN Charter


THE UDHR
- UN's foundational HR document
- Drafted by Committee, established by the HR Commission and led by Eleanor Roosevelt
- Adopted by the General Assembly
- Broad spectrum of civil rights and liberties, political rights, economic, social and cultural rights
- Rights broadly formulated; not very concrete, not binding

What is the Universality Debate?
All rights apply to all persons at all times due to each person’s status as a human being.

- Subject to multiple understandings and used to advance different ideals
- Also subject to intense criticism, tension between;
(1) supposedly universal set of rights,
(2) lack of shared understanding on the contents, recognition, and realisation of these rights
in practice


The UN treaty system
Cold War and tensions between socialist states, the US and other western states made it impossible to
transform UDHR into a binding document; IT IS A DECLARATION, therefore it is not legally binding.



Monitoring System under UN Conventions

, Each Treaty has its monitoring body;
o Composed of independent experts
o States are obliged to issue periodic reports
o Draft concluding observations with recommendations for the states
o Can hear individual complaints, but their decisions are not binding



Lecture 1 (II.) – Application of Human Rights Norms


SOURCES OF HUMAN RIGHTS LAW
 Treaties;
Binding on contracting parties
Regional (ECHR) and universal (UN Treaty)
Enforcement measures
 CIL; (customary international law)
Binding on all States
Extensive and generally uniform
 Jus Cogens;
Peremptory norm of general international law = no derogations
Most important and superior rules of general international law
 Judicial decisions;
Binding only on the parties to the dispute


BENEFICIARIES and DUTY BEARERS
Beneficiaries (are all individuals, not only citizens) and Duty Bearers (are contracting parties; States)

Typologies of Human Rights;
a. Negative Obligations (to refrain from acts)
b. Positive Obligations (to ensure protection)

Scope of Application;
Territorial jurisdiction – meaning States need to ensure the application of human rights on their territory (Al-
Skeini and Others v UK)
Exceptions; effective control over territory and effective control over victim



Restrictions to Human Rights obligations
1. Reservation; States can make reservations to certain provisions in the Treaties (WHEN? – while
signing and ratifying; before the Treaty comes into force)
2. Persistent Objection; needs to be expressed from the moment it emerges – before it was
recognized as CIL (does not apply to jus cogens norms)

General Regime of Limitations
o Absolute rights; cannot be limited, no matter the consequences